CITY NATIONAL BANK OF MIAMI, AS ANCILLARY ADMINISTRATOR OF THE ESTATE OF FRANK D. MCKAY, DECEASED, APPELLANT,
v.
CHITWOOD CONSTRUCTION CO., INC., A FLORIDA CORPORATION, LUMIDOR MANUFACTURING CORP., A MARYLAND CORPORATION AND SUPERIOR WINDOW CO., INC., A FLORIDA CORPORATION, APPELLEES
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The appellate court affirmed a summary judgment for the defendants, holding that the plaintiff's claims of faulty window installation causing water damage were unsubstantiated. The court found that the owner's agent, the architect, had approved the installations, negating any genuine issue of material fact.
No, the trial court did not err. The court held that the architect's approval of the installations, finding no deviation from the contract, negated any genuine issue of material fact, entitling the defendants to judgment as a matter of law.
“The trial judge based the summary judgment upon a holding that testimony contained in the depositions on file disclosed no genuine issue of fact, because the owner's agent, the supervising architect, approved the installations and found no deviation from the provisions of the plans, specifications, and construction contract concerning material and workmanship.”
This quote explains the basis for the trial court's summary judgment.
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Join FLexlaw to unlock all legal intelligenceThe City National Bank, as administrator for a deceased property owner, sued contractors for water damage to an apartment house. The damage occurred d…
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This appeal is from a summary final judgment in favor of defendant-appellees. The plaintiff-appellant bank is the personal representative of the deceased owner of an apartment house. The bank brought suit for water damage to carpeting in the apartment house against the general contractor and the two subcontractors which supplied and installed windows and frames. The appellant alleges that the water damage resulted because the defendant-appellees used materials not in accordance with specifications agreed upon and because they installed windows in a negligent manner. The parties agree that the water damage occurred during a hurricane.
The trial judge based the summary judgment upon a holding that testimony contained in the depositions on file disclosed no genuine issue of fact, because the owner’s agent, the supervising architect, approved the installations and found no deviation from the provisions of the plans, specifications, and construction contract concerning material and workmanship. We hold that no genuine issue of material fact appears in the record. The defendant-ap-pellees were entitled to a judgment as a matter of law, and the summary final judgment was properly entered. Cf. Willcox v. Stephenson, 30 Fla. 377, 11 So. 659 (1892); A. A. Erickson Bros., Inc. v. Jenkins, 41 Ill.App.2d 180, 190 N.E.2d 383 (1963); Erskine v. Johnson, 23 Neb. 261, 36 N.W. 510 (1888); Davis v. Bush & Lane Piano Co., 124 Or. 585, 265 P. 417 (1928); Arkin Construction Co. v. Reynolds Metals Company, 310 F.2d 11 (5th Cir. 1962).
Affirmed.
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Forte Towers S., Inc. v. Hill York Sales Corp., 312 So. 2d 512 (Fla. 3d DCA 1975)…warranty to establish a prima facie case. The plaintiffs’ case warranted submission to the jury and should have survived the motion for directed verdict. The defendant cites City National Bank of Miami v. Chitwood Construction Company, Fla.App.1968, 210 So. 2d 234, as authority for the proposition that contractors are not liable for damages from negligent installa [*514] tion occurring after the contractor has completed the work and turned the project over to the owner or employer and it has been approved and…
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City OF Okeechobee v. LA Grow Irrigation, Inc., 434 So. 2d 995 (Fla. 4th DCA 1983)…rd Casualty Insurance Company, 373 So. 2d 415 (Fla. 4th DCA 1979). However, if ever there was a summary judgment which required reversal this is it. Both the trial judge and the appellee cite City National Bank of Miami v. Chitwood Construction Co., 210 So. 2d 234 (Fla. 3d DCA 1968), but there are not enough facts set forth in that opinion for us to formally disapprove it. However, if the Third District would find it controlling in the case now before us, we would strongly disagree and find conflict. REVERSE…
Authorities Cited
- Wilcox v. Stephenson, 30 Fla. 377 (Fla. 1892)
- Arkin Constr. Co., Inc. v. Reynolds Metals Co., 310 F.2d 11 (5th Cir. 1962)